Visa not issued!

[gogal2020 0]

I am beyond upset right now. Elena went to the interview, and was not given a visa for a suspicion of illigaly overstaying in the US on her previous visit, even though she extended her visit and was legal. The woman at the interview did not even look at ANY of our papers or photos at ALL. Elena had visitor's visa before for 3 months, and she extended it in US legally, and stayed for a year before returning to Russia. The consul just sent her on her way. She is there right now crying and I am pissed.

Anyone any suggestions?

Mike.

[dardislake 0]

I'm with you Mike. No Visa for Lana either - different reason which i'll put in a new thread. I feel yours & Elena's pain.

[slim 1,514]

Wow guys, sorry to hear this news.

Please keep us up to date on what's going on. Good luck with everything.

[Satellite 1]

I am beyond upset right now. Elena went to the interview, and was not given a visa for a suspicion of illegally overstaying in the US on her previous visit, even though she extended her visit and was legal. The woman at the interview did not even look at ANY of our papers or photos at ALL. Elena had visitor's visa before for 3 months, and she extended it in US legally, and stayed for a year before returning to Russia. The consul just sent her on her way.

The CO does not have to waste his time looking at your K1 papers if he believes your fiancee is inadmissible for a prior overstay. The issues really are, how long was the overstay and was it disclosed on the application? An overstay of under 180 days does not trigger any bans but should have been disclosed on the application. An overstay of over 180 days triggers the 3 year ban and over 365 days triggers the 10 year ban. Check out the requirements for the I-601 waiver which will be needed if the CO is not mistaken on the overstay.

http://www.visajourney.com/forums/index.php?showtopic=319

And how to prove extreme hardship which is essential for a successful waiver to inadmissibility.

http://www.visajourney.com/forums/index.php?showtopic=316

If there was no overstay to begin with, find out what caused the mistake. But if you have to wait for a FOIA, Freedom of Information Act request, it can take over a year.

Also, find out exactly what happened during her prior visa extension. Keep in mind that a late filed visa extension is technically invalid and if that is the case her extension might have been approved erroneously and the CO might now be rectifying that mistake.

Your fastest and best approach is to return with documents showing no overstay ever occurred. Otherwise the wait can be quite extensive. And if the issue is non-disclosure on the application, then I believe there is no form of relief.

Edited January 10, 2007 by Satellite

[Emo 0]

I am beyond upset right now. Elena went to the interview, and was not given a visa for a suspicion of illigaly overstaying in the US on her previous visit, even though she extended her visit and was legal. The woman at the interview did not even look at ANY of our papers or photos at ALL. Elena had visitor's visa before for 3 months, and she extended it in US legally, and stayed for a year before returning to Russia. The consul just sent her on her way. She is there right now crying and I am pissed.

Anyone any suggestions?

Mike.

Clear this "suspicion" showing passport stamps, tickets and letter for visa extension.

[gogal2020 0]

I am beyond upset right now. Elena went to the interview, and was not given a visa for a suspicion of illigaly overstaying in the US on her previous visit, even though she extended her visit and was legal. The woman at the interview did not even look at ANY of our papers or photos at ALL. Elena had visitor's visa before for 3 months, and she extended it in US legally, and stayed for a year before returning to Russia. The consul just sent her on her way. She is there right now crying and I am pissed.

Anyone any suggestions?

Mike.

Clear this "suspicion" showing passport stamps, tickets and letter for visa extension.

That stupid consul tried to mess her up asking questions, only in english, and repeated them throughout the interview in different forms. Also, her B1B2 visa was issued by the embassy in 2005, for 3 months, and at POE the passport was stamped for 6 months, now the consul says that she could not have been in US for longer then 3 months, since that's what the passport says, not even looking at the other stamp.

Elena also asked her if she had the documents proving that she was legal (Which she was, all the time)would she have gotten the visa? And the consul said "I have to check your case, we will contact you". I am super pissed.

Mike.

Edited January 10, 2007 by gogal2020

[gogal2020 0]

I just found out that Elena's second visit to US, on B1B2 visa, stamped in her passport at POE there was no "until" date, just entry date stamped. Now how would I know how long they gave her to stay then, (she says 6 months, but there's no date in the passport on the stamp) it is becomming more and more confusing.

Mike.

[Satellite 1]

Also, her B1B2 visa was issued by the embassy in 2005, for 3 months, and at POE the passport was stamped for 6 months, now the consul says that she could not have been in US for longer then 3 months, since that's what the passport says, not even looking at the other stamp.

I'm amazed to hear that our Consulate officers do not understand the difference between visa validity, which is the time period one has to come to the US and seek entry at a POE. And the length of admission given by the POE officer. As we all on here understand one can come to the US on the last day of their visa validity and be granted a six-month admission, which is the typical B1/B2 admission length, and be in complete legal status.

I just found out that Elena's second visit to US, on B1B2 visa, stamped in her passport at POE there was no "until" date, just entry date stamped. Now how would I know how long they gave her to stay then, (she says 6 months, but there's no date in the passport on the stamp) it is becoming more and more confusing.

This is probably what is causing all the problems. The government has these records. Besides a FOIA request I don't know how else you can get a hold of them. If anyone else has ideas they should post them.

[slim 1,514]

Also, her B1B2 visa was issued by the embassy in 2005, for 3 months, and at POE the passport was stamped for 6 months, now the consul says that she could not have been in US for longer then 3 months, since that's what the passport says, not even looking at the other stamp.

I'm amazed to hear that our Consulate officers do not understand the difference between visa validity, which is the time period one has to come to the US and seek entry at a POE. And the length of admission given by the POE officer. As we all on here understand one can come to the US on the last day of their visa validity and be granted a six-month admission, which is the typical B1/B2 admission length, and be in complete legal status.

I just found out that Elena's second visit to US, on B1B2 visa, stamped in her passport at POE there was no "until" date, just entry date stamped. Now how would I know how long they gave her to stay then, (she says 6 months, but there's no date in the passport on the stamp) it is becoming more and more confusing.

This is probably what is causing all the problems. The government has these records. Besides a FOIA request I don't know how else you can get a hold of them. If anyone else has ideas they should post them.

How about pursuing employer records here in the States?

edited: If she was employed during the B visas, most employers keep HR records, especially in the case of foreign employees. Maybe try contacting the HR section of the U.S. employers who sponsored her visa?

Edited January 11, 2007 by slim

[kitkat1 5]

I just found out that Elena's second visit to US, on B1B2 visa, stamped in her passport at POE there was no "until" date, just entry date stamped. Now how would I know how long they gave her to stay then, (she says 6 months, but there's no date in the passport on the stamp) it is becoming more and more confusing.

This is probably what is causing all the problems. The government has these records. Besides a FOIA request I don't know how else you can get a hold of them. If anyone else has ideas they should post them.

Wouildn't the "valid to" date be on the I-94? She could request a copy of that - if I recall correctly people here on VJ have done that.

FOIA requests take around 12 months.

How about pursuing employer records here in the States?

edited: If she was employed during the B visas, most employers keep HR records, especially in the case of foreign employees. Maybe try contacting the HR section of the U.S. employers who sponsored her visa?

Tourist visas are not work authorized.

[slim 1,514]

My bad, I was thinking B for business for some reason.

[tom&tata 2]

My bad, I was thinking B for business for some reason.

B1/B2 are visitor visa, for personal or business reason - without work authorization.

[gogal2020 0]

I just found out that Elena's second visit to US, on B1B2 visa, stamped in her passport at POE there was no "until" date, just entry date stamped. Now how would I know how long they gave her to stay then, (she says 6 months, but there's no date in the passport on the stamp) it is becoming more and more confusing.

This is probably what is causing all the problems. The government has these records. Besides a FOIA request I don't know how else you can get a hold of them. If anyone else has ideas they should post them.

Wouildn't the "valid to" date be on the I-94? She could request a copy of that - if I recall correctly people here on VJ have done that.

FOIA requests take around 12 months.

How about pursuing employer records here in the States?

edited: If she was employed during the B visas, most employers keep HR records, especially in the case of foreign employees. Maybe try contacting the HR section of the U.S. employers who sponsored her visa?

Tourist visas are not work authorized.

I already have a copy of I-94 from her passport. The stamp is there, but they forgot to put the until date on it, it's the border and customs mistake at the POE. I have no other information to prove that she was legal in the states...The embassy will probably do the check themselves through the USCIS, I hope.

Mike.

[Boiler 44,927]

So lets assume she used her B2 visa to enter the US within the 3 months of its validity. And that her I-94 was issued for 6 months.

So she applied for an extension. Usually you would need a very good reason for an extension to be approved.

The simplest solution is to show the approval that she received extending her stay. I can not remember offhand if they send a new I-94 with the approval letter, but the letter is key evidence that an application was submitted and approved.

[gogal2020 0]

So lets assume she used her B2 visa to enter the US within the 3 months of its validity. And that her I-94 was issued for 6 months.

So she applied for an extension. Usually you would need a very good reason for an extension to be approved.

The simplest solution is to show the approval that she received extending her stay. I can not remember offhand if they send a new I-94 with the approval letter, but the letter is key evidence that an application was submitted and approved.

She did enter with B2, with a visa with 3 months validity. And the I-94 was issued, but I don't know for how long since the "until" date is empty. The visa she applied for was not to extend her stay, it was for working visa,(sinse she was invited to work for a company in US), it was denied because of lack of education 4 months later, so she appealed, and left the country shortly after. The appeal is still in process, even though I careless about it.

Mike.